1980 PLP 1779 (CLC)

O. VIII, r. 10-Written statement, failure to file-Defendants failing to file written statement although six months passed and at least four opportunities provided nor any application filed showing good cause for not filing written statement within time, allowed-Defendant's counsel's statement of having advised his client to settle matter out of Court-Amounts to admission of claim and sufficient to decree suit-Provisions of r. 10, O. VIII, C. P. C., however, also providing that on failure of defendant to file written statement within time allowed by Court, plaintiff would be entitled to judgments against defendants-Plaint being verified on oath and suit being for recovery of amounts covered by Life Insurance Policy-Plaintiff, held, entitled to succeed. S. Ali Kazin; for Plaintiff. Abdul Rauf for Defendant. . This suit in forma pauperis, is for recovery of the amount of Life lmsurance Policy No. B 201019882 dated 6th March, 1973, which became matured on 17th February 1974 on the death of Zafar Ali Kazmi, the insured.

2. The case has been placed before me for final disposal in accordance with rule 158 of the Sind Chief Court Rules (O. S.) on failure of the defendant to file its written statement. It may be mentioned that on 10-10-1977 Mr. S. Zaman, Advocate had appeared for the defendant and undertaken to file power and the case was adjourned to 24-10-1977 for the said purpose. On 24-10-1977 Mr. Zaman, Advocate did not file the power. He however was given further 14 days time to file the power and the written statement and the case was called before the Additional Registrar on 7-12-1977 when the Advocate for the defendant filed power but did not file any written statement. He was given further time till 12-12-1977 for filing the written statement and he again failed. On 19-12-1977 it appears that Mr. Abdul Rauf Advocate undertook to file power and the written statement and the case was again adjourned to 27-2-1978. On 27-2-1978 Mr. Abdul Raul Advocate was absent. No written statement was filed. No application extension of time was filed and the defendant was therefore, debarred by the Additional Registrar from filing the written statement and the case was ordered to be fixed by him for final disposal. From the narration of the above facts it would appear that the descend an has not filed its written statement although almost six months have pass and it was given at least four opportunities to file the written statement.

3. Even today Mr. Abdul Rauf, Advocate has not filed arty application showing good cause for not filing the written statement within the rim allowed by the Court. He states that since he has advised his client to the matter out of the Court he did not file the written statement lest the client may advise hint to continue with the suit. This statement of Mr. Abdul Rauf in my opinion, amounts to admission of the claim and settlement decree the suit. However, I would not base my judgment on it. But I would rely on the provisions of rule 10, Order VIII, C. P. C. which) provide that on failure of the defendant to file the written statement within' the time allowed by the Court the plaintiff is entitled to judgment against the defendant. Oft Since the plaint is verified on oath and is based on Life Insurance Policy by which the life of the deceased was insured for R~. 1,17.000 and the suit is for recovery of Rs. 1,17,000, the plaintiff is entitled to succeed. 1, therefore pass a decree. for Rs.- 1,17,000 with costs. The defendant shall pay interest at 6 per cent per annum on the decretal amount from the date of the filing of the suit to date as claimed and at 10% per annum from the date hereof till payment if the defendant does not pay the decretal amount within one month. The amount of court-fee shall be recovered froth the defendant. M. Y, M. Petition accefted.